Balasubramaniyan v. The District Collector

2025:MHC:2911

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-12-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN WP No. 43811 of 2025, WP No. 43815 OF 2025,WP No. 43818 OF 2025,WP No. 43823 OF 2025 and WP No. 43820 OF 2025

1. Balasubramaniyan Petitioner(s) WP No. 43815 of 2025

1. A. Kaviraj S/o. Arockiam, No.1, 2nd Street, Teachers Nagar, Thirukalukundram, Chengalpet, -603 109 Petitioner(s) WP No. 43818 of 2025

1. S. Sivaraj S/o. Sundramoorthi, Maduranthagam Road, Narapakkam, Thirukazhukundram, Chengalpet -603 Petitioner(s) WP No. 43823 of 2025

1. K. Ilangao S/o. Kanniappan, No.133, Periya Street, Thirukalundram, Chengalpet District-603 109 Petitioner(s) WP No. 43820 of 2025

1. S. Balasundram S/o. Sivaprakasam, No.231, Sadras Road, Thirukalundram, Chengalpet District-603 109 Petitioner(s) Vs

1. The District Collector Chengalpet district, 2.The Revenue inspector, Thirukalukundram 3.The Tahsildar Thirukalukundram Respondent(s) in all Writ Petitions COMMON PRAYER To call for the records in the impugned notice dated 01.09.2025 issued by the 3rd Respondent and to quash the same and consequently direct the 1st Respondent to issuance of patta by considering the representation dated 13.10.2025. In all Writ Petitions For Petitioner(s):

M/s. R. Ravindra Ram For Respondent(s):

Mr.T.Arunkumar, Additional Government Pleader For R1- R3 COMMON ORDER (Order of the Court was made by S.M.Subramaniam J.) Writ on hand has been instituted challenging final notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'Act').

2. Final notice issued under Section 6 is appealable under Section 10 of the Act before District Collector. Thus, all the grounds raised by the petitioners or non-consideration of grounds by original authority may be raised as grounds before appellate authority under Section 10 of the Act. Even Section 10B of the Act contemplates grant of interim order and an interlocutory application may also be moved before the appellate authority for passing appropriate orders, if required.

3. In view of statutory appeal contemplated under the Act, High Court need not entertain a writ proceeding.

4. Accordingly, the writ petitions are dismissed, granting liberty to petitioners to prefer an appeal. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.

(S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 02-12-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Chengalpet District, 2.The Revenue Inspector, THIRUKALUKUNDRAM 3.The Tahsildar THIRUKALUKUNDRAM

S.M.SUBRAMANIAM J.

AND C.KUMARAPPAN J.

gd WP No. 43811 of 2025, WP NO. 43815 OF 2025,WP NO. 43818 OF 2025,WP NO. 43823 OF 2025,WP NO. 43820 OF 02-12-2025